Shweta Chawla vs The State of Rajasthan and Others

Mohammad Rafiq, J.—Petitioner has filed this writ petition praying for a direction to respondents to allow her joining on the post of Lower Division Clerk as per her appointment order and merit, with all consequential benefits from the date similarly situated persons have been so appointed on that post.

Petitioner has been working on the post of Accounts Assistant in MGNREGA in various Panchayat Samities in District Bharatpur on contract basis for last more than five years. Pursuant to advertisement published to fill up the posts of Lower Division Clerk, petitioner applied for the same. As per the policy decision, weightage marks for experience to the candidates working in MGNREGA scheme, were to be given in the recruitment. On being selected, the petitioner was issued appointment letter and there was a condition that the appointment to the post of Lower Division Clerk shall be subject to decision of the Hon''ble Supreme Court in SLP No. 15552-15579/2013-State of Rajasthan Vs. Pankaj Kakda and Others as well as decision of this court at its principal Seat, Jodhpur, in D.B. Civil Writ Petition No. 3276/2013 and other connected matters.

In the meanwhile, the respondents have also issued advertisement for recruitment to fill up the posts of Accounts Assistant under the Rajasthan Panchayati Raj Rules, 1996 and in that selection process, the documents verification of the petitioner was also done by the respondents.

In those circumstances, The Director, Rural Development & Panchayati Raj Department, Government of Rajasthan, Jaipur, has directed all the Chief Executive Officers of Zila Parishad to extend time limit for joining on the post of Lower Division Clerk till the appointments on the post of Accounts Assistant are made.

On 01.07.2013 petitioner requested the respondents to allow extension of time to join on the post of Lower Division Clerk pursuant to her appointment order, till her appointment on the post of Accounts Assistant. Now the petitioner submits that despite her repeated request, the respondents are not allowing her to join the post despite selection. Hence, this writ petition with the aforesaid prayer.

In the facts and circumstances of the case, writ petition is disposed of requiring the petitioner to make a representation along-with a copy of this order to respondent no. 3-Chief Executive Officer, Zila Parishad, Karauli, who shall consider the same in the light that the petitioner wants to continue on the post of Lower Division Clerk and do not want to accept the appointment on the post of Accounts Assistant, and pass a reasoned speaking order addressing her grievance within a period of two months from the date of its making.

This also disposes of stay application.